GPSR for Battery Products: Lithium Batteries, Power Banks and the EU Batteries Regulation 2023/1542

Which rules apply to a product with a battery

A Bluetooth speaker, a power bank or a solar garden light usually sits under three or four EU laws at once. Separate the device from the battery before you plan tests and labels:

Article 1(3) of the Batteries Regulation states that it applies to all categories of batteries and to batteries incorporated into or added to products. You do not have to sell loose batteries to be affected. The Regulation has applied since 18 February 2024, replacing Directive 2006/66/EC, but many obligations start on their own dates.

Most consumer batteries are 'portable batteries': under Article 3, sealed, 5 kg or less, not designed specifically for industrial use and not an electric vehicle, light means of transport (LMT) or SLI battery. E-bike and e-scooter batteries are LMT batteries with stricter rules and are not covered here.

Where the GPSR fits

The Batteries Regulation is Union harmonisation legislation, like the LVD, EMC Directive and RED. Its Article 91 also added it to the list in Article 4(5) of the Market Surveillance Regulation (EU) 2019/1020, so a battery product needs an economic operator established in the EU (manufacturer, importer, authorised representative or fulfilment service provider) whose name and contact details appear on the product, packaging, parcel or an accompanying document.

Under GPSR Article 2(1), for products covered by harmonisation legislation:

• Chapter II (the general safety requirement) does not apply to the risks covered by that legislation, but does apply to risks it leaves open;
• Chapter III Section 1 (Articles 9 to 18, general duties of manufacturers, importers and distributors) does not apply; the Batteries Regulation (Articles 38 to 45) and the device directives set those duties instead;
• Chapter III Section 2 still applies: Article 19 distance sales, Article 20 accidents and Article 21 digital information as an addition only. Chapter IV on marketplaces and Chapter VIII on recalls and remedies apply too.

The gap sellers miss. Article 12 of the Batteries Regulation sets safety requirements only for stationary battery energy storage systems. It sets no specific safety tests for power banks or phone batteries. For mains-powered or radio devices, the LVD or RED safety objectives cover the whole device. For non-radio products below the LVD range (50 V AC / 75 V DC) and for stand-alone power banks, fire, overheating and swelling risks are mainly a matter for the GPSR general safety requirement in Article 5. That is our reading of the texts; confirm the route for your product with your test lab. Tests are commonly done to IEC/EN 62133-2 (portable lithium cells and batteries) and EN IEC 62368-1 (audio/video and IT equipment); check the Official Journal for which versions give a presumption of conformity.

Batteries Regulation (EU) 2023/1542: key duties and dates

Taken from Article 96 and the articles cited, limited to consumer portable batteries and products containing them:

About the label date. Article 13(10) requires an implementing act with harmonised label specifications, and the Article 13(1)–(3) labels apply from the later of the two dates. When we checked, a draft had been consulted on but we found no final text in the Official Journal, so the real date is likely to be after 18 August 2026 (to be re-checked on EUR-Lex). The collection symbol and QR code dates are fixed in the Regulation and do not depend on that act.

Article 6 and Annex I restrict mercury, cadmium and lead, and Article 38(1) requires instructions and safety information in a language easily understood by end-users in the country of sale. For other upcoming dates see the GPSR timeline.

Power banks: what applies

• Batteries Regulation: the battery pack inside a power bank is clearly in scope. Whether national EPR registers treat the whole power bank as a 'battery' or as electrical equipment containing a battery affects whether you register in the battery register only or in the WEEE register too, and practice differs between Member States. Follow the guidance of the register in each country of sale (to be confirmed per country).
• LVD: a normal USB power bank works with DC below 75 V and is not itself in LVD scope; a mains plug charger supplied with it is. Portable power stations with a 230 V AC outlet may fall under the LVD for that part.
• EMC and RoHS: power banks contain boost and protection circuits and are normally assessed for EMC. Whether RoHS and WEEE also apply depends on the classification above; ask your lab. Wireless charging may bring in the RED.
• GPSR: no harmonised rule sets specific safety requirements for power bank fire, overheating or short-circuit protection, so these risks fall mainly under GPSR Article 5. Your listing must show the Article 19 information, including charging and use warnings.

On the battery: CE marking, model and batch number, manufacturer name and address, collection symbol; capacity once the Article 13(2) label applies; a QR code from 18 February 2027. Add the EU economic operator's details as well.

Transport is a separate topic. Shipping lithium batteries by air or sea is governed by dangerous goods rules (for example the UN 38.3 test summary, packaging and declarations) set by carriers and logistics providers. A UN 38.3 report shows transport safety; it does not replace CE marking, a declaration of conformity or GPSR safety evidence.

Built-in batteries: the 2027 removability rule

Article 11 applies from 18 February 2027 to anyone placing products incorporating portable batteries on the market:

• The end-user must be able to remove and replace the battery at any time during the product's life, with commercially available tools, without specialised tools (unless supplied free with the product), proprietary tools, heat or solvents.
• Instructions and safety information on use, removal and replacement must accompany the product and stay permanently available on a public website.
• Batteries must be available as spare parts for at least five years after the last unit of the model is placed on the market, at a reasonable and non-discriminatory price (Article 11(7)).
• Software must not be used to impede replacement with a compatible battery (Article 11(8)).

Exceptions are narrow: appliances made to work mainly in environments regularly exposed to splashing water, water streams or immersion and intended to be washable may restrict replacement to independent professionals, where needed for user and appliance safety (Article 11(2)); products needing continuity of power and a permanent battery connection for safety, or whose main function is collecting and supplying data where data integrity requires it, are also excluded (Article 11(3)). Stricter provisions in EU electrical equipment law take precedence, and the Commission is to publish guidelines.

For earbuds, electric toothbrushes, small appliances and lamps you still plan to sell after February 2027, this is a design question, not a labelling one. Review current and planned models now and record the result in the technical documentation. Children's products add toy rules on battery compartments; see children's products and the GPSR.

Producer registration (EPR) and platform checks

Under Article 3(47)(d), anyone selling batteries, including batteries inside appliances, by distance contracts directly to end-users in a Member State while established in another Member State or a third country is a producer. A seller in China shipping to EU consumers through a marketplace or own shop can therefore be the battery producer in each destination country.

• Register per country: Article 55 requires registration in each Member State where you first make batteries available; without it you may not sell batteries there, including batteries in appliances.
• Appoint an EPR authorised representative: Article 56(3) requires producers under point (d) to appoint one by written mandate in each Member State where they sell. This is not the same role as the GPSR / Regulation 2019/1020 responsible person, even if one firm takes on both; make the contract clear.
• Platform checks: Article 62(6) requires online platforms that let consumers conclude distance contracts with producers to collect the register details, registration number and a self-certification that only EPR-compliant batteries are offered. Amazon and other platforms already ask for registration numbers on some marketplaces; follow their current seller rules, as wording changes.

EPR also means fees and periodic reporting under national rules. WEEE registration for electrical equipment is a separate obligation; see the electronics white paper.

Listings, accidents and recalls: GPSR Section 2 still applies

• Online offers (Article 19): manufacturer name with postal and electronic address; the responsible person's details if the manufacturer is outside the EU; a picture, type and other identifiers; and the warnings and safety information required on the product or packaging (for example use only the specified charger, do not puncture or heat, keep button cells away from children), in a language consumers in the country of sale understand. See online selling requirements.
• Accidents (Article 20): a battery fire or burn causing death or serious harm to health must be notified by the manufacturer through the Safety Business Gateway without undue delay to the authorities of the country where it happened; if the manufacturer is outside the EU, the responsible person ensures it is done. Article 38(9) of the Batteries Regulation separately requires immediate corrective action and informing the market surveillance authority where a battery presents a risk. See accidents, recalls and Safety Gate.
• QR codes are an addition (Article 21): GPSR information may be offered digitally only on top of the physical information. The battery QR code under Article 13(6) is a separate legal requirement and does not replace the labels or collection symbol either. See what QR codes can and cannot do.
• Recalls (Articles 35 to 37): recall notices follow the template in Implementing Regulation (EU) 2024/1435; remedies are repair, replacement or refund, and a battery swap by the consumer counts only where it is easy and safe.